HAWAI‘I DEPARTMENT OF HEALTH’S OFFICE OF HEALTH CARE ASSURANCE CITES KOLEA SENIOR MANAGEMENT SERVICES FOR ILLEGALLY OPERATING UNLICENSED CARE HOMES
News Release from Hawaii DoH, Dec 19, 2019
HONOLULU — The Hawai‘i Department of Health’s Office of Health Care Assurance (OHCA) is taking a stronger stand against unlicensed adult residential care homes to protect the health, safety, and wellbeing of seniors.
OHCA has issued a Notice of Violation and Order (NOVO) to Randal De Vera and Jeanne Ching of Kolea Senior Management Services, LLC, for operating two illegal adult residential care homes: The Residence at Keeaumoku, located at 1510 and 1512 Keeaumoku Street, and The Residence at Kaimuki, at 744 22nd Avenue. De Vera, administrator of the company, and Ching director of operations, were ordered to immediately cease and desist the operations of their unlicensed care homes. The two individuals also own and operate Kolea Senior Placement Services, LLC.
“This is the third NOVO that we have issued against illegal care homes this year in response to complaints we have received,” said Keith Ridley, OHCA chief. “We strongly urge families to only place their loved ones in licensed care homes, and if they are already in an unlicensed care home and suspect something is amiss, report it to the Department of Health immediately so that we can conduct an investigation and take appropriate action.”
Based on OHCA’s unannounced visit and investigation conducted in response to complaints, OHCA determined Kolea Senior Management Services LLC was operating two illegal care homes—The Residence at Keeaumoku and The Residence at Kaimuki. These care homes were operating unlawfully as adult residential care homes because they provided living accommodations for at least one unrelated individual, 24 hours per day, for a fee, and the residents were receiving assistance with activities of daily living, personal care services, protection, and health care services, even though they did not have a valid license issued by OHCA.
“These unlicensed care home operators attempt to circumvent the law by claiming they are only providing housing for seniors and that a separate company provides in-home care,” said Keith Ridley, OHCA chief. “We are making every effort to identify these operators and issue fines.”
In addition to requiring Kolea Senior Management Services to cease operations upon receipt of the NOVO, the company must comply with other requirements:
Safely transfer the residents from Kolea’s unlicensed care home to a licensed adult residential care home or expanded adult residential care home within seven days;
Notify OHCA in writing within one calendar day after the residents have been safely transferred to a licensed facility and provide the name and address of the licensed facility;
Pay a fine to the Hawai‘i Department of Health totaling $10,000. This is based on $100 per day of unlicensed operation multiplied by 100 days from Sept. 12, the day the residents were initially transferred to the first unlicensed care home, to Dec. 20, the end of seven-day period when the residents must be transferred to an licensed adult residential care home or expanded adult residential care home; and
Disclose to the Hawai‘i Department of Health and cease and desist operations of any other care home operated by Kolea Senior Management Services, LLC or any other entity, agency, or organization owned, managed, or operated by De Vera or Ching in the same manner as their two unlicensed care homes.
An adult residential care home and expanded adult residential care home are defined as any facility that provides 24-hour living accommodations for a fee to adults unrelated to the family that operates it and requires at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but does not need the professional health services provided in an intermediate, skilled nursing, or acute care facility.
Under state law, Kolea has 20 days to submit a written request to the OHCA to request a hearing to contest the Notice and Order.
The NOVO does not preclude or limit actions by any other public agency or private party. Whenever OHCA surveyors identify potential abuse or neglect, these incidents are immediately reported to Adult Protective Services (APS), another state agency, for a thorough investigation. APS is part of the Adult Protective and Community Services Branch of the Hawai‘i Department of Human Services.
SA: State cites operators of two unlicensed Honolulu care homes